Simpson v. Simpson

Appellant, a surety, appeals a September, 1987, judgment against it on an undertaking on appeal. ORS 19.040. In May, 1984, plaintiff obtained a judgment for fraud against defendant Simpson for $125,563, and he appealed. In connection with that appeal, he posted the undertaking on which he was the principal and appellant was the surety. The undertaking bore the title “supersede[as] undertaking” and declared:

“WHEREAS, the above named defendant desires to give an undertaking as provided to be given in ORS 19.040 of the State of Oregon.

“NOW, THEREFORE, we, Defendant, as principal and OREGON…